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1021 Atlantic Boulevard WAIV18-0004 OrderBEFORE THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH IN RE: Waiver Application WAIV18-0004 Gianefer Ross, Applicant Solan Studios 1021 Atlantic Boulevard Unit 983 ________________________________________ ORDER CONFIRMING APPROVAL OF WAIVER WAIV18-0004 WITH CONDITIONS This matter was heard upon the application for a waiver from the Land Development Regulations to allow the addition of a permanent makeup (tattoo) service to an existing salon in the Commercial, General (CG) zoning district. Tattoo and body artists are expressly prohibited in the CG zoning district. Section 24-111 (b) states in part, “…Uses shall also not include… tattoo or body artists…”. This specific prohibition means a use-by-exception is not possible and the prohibition must be waived by the City Commission. This code provision was added in 2010 as part of a larger code update. Having duly considered the application for waiver, supporting documents and comments by staff, the applicant, and members of the public at the public hearing on May 14, 2018, as well as the provisions of Section 24 - 46 (d), the City Commission of the City of Atlantic Beach hereby, FINDS AND DETERMINES: That the applicant did demonstrate that the compliance with such provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. NOW, THEREFORE, it is ORDERED by the City Commission: The application for waiver is hereby APPROVED WITH CONDITIONS, voluntarily agree to by the applicant as follows: CONDITIONS for APPROVAL: The waiver is granted to Gianefer Ross only at 1021 Atlantic Boulevard and cannot be transferred to another party or location. The applicant must maintain and operate in compliance with all applicable state and licenses relating to tattoos and permanent make-up. The Owner’s Authorization for Agent must be signed by the landowner and submitted to the City prior to initiating permanent make-up (tattoo) services. The daily hours of operation are restricted to between 9 am to 8 pm. Approved by the City Commission on May 14, 2018. Executed this ____ day of June, 2018. CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA __________________________________ ELLEN GLASSER Mayor FILED WITH THE CITY CLERK this ____ day of June, 2018 _________________________________ DONNA L. BARTLE City Clerk Approved as to form and correctness: _________________________________ BRENNA M. DURDEN City Attorney